(215 ILCS 5/179E-75)
Conservation, rehabilitation, or liquidation.
(a) The provisions of Articles XIII and XIII 1/2 apply to an SPRV, except
extent modified in this Section.
(b) Notwithstanding the provisions of Section 188 of this Code, the Director
apply by petition to the Circuit Court of Cook County, the Circuit Court of
County, or the circuit court of the county in which an SPRV has or last had its
office for an order authorizing the Director to conserve, rehabilitate or
SPRV domiciled in
this State solely on one or more of the following grounds:
(1) there has been embezzlement, wrongful
sequestration, dissipation, or diversion of the assets of the SPRV intended to be used to pay amounts owed to the ceding insurer or the holders of SPRV securities; or
(2) the SPRV is insolvent and the holders of a
majority in outstanding principal amount of each class of SPRV securities request or consent to conservation, rehabilitation, or liquidation under this Article.
The court shall not grant relief under item (1) of this subsection
unless, after notice
and a hearing, the Director, who has the burden of proof, establishes by clear
convincing evidence that the relief should be granted.
(c) Notwithstanding any contrary provision in this Code, the rules
under this Code, or any other applicable law or rule, upon any order of
rehabilitation, or liquidation of the SPRV, the receiver shall be bound to deal
SPRV's assets and liabilities, in accordance with the requirements set forth in
(d) With respect to amounts recoverable under an SPRV contract, the amount
recoverable by the receiver may not be reduced or diminished as a result of the
entry of an
order of conservation, rehabilitation, or liquidation with respect to the
notwithstanding any provisions to the contrary in the contracts or other
governing the SPRV insurance securitization.
(e) Notwithstanding the provisions of Article XIII and XIII 1/2 of this
application, petition, or temporary restraining order or injunction issued
Articles, with respect to a ceding insurer shall not prohibit the transaction
of any business by
an SPRV, including any payment by an SPRV made pursuant to an SPRV security, or
action or proceeding against an SPRV or its assets.
(f) Notwithstanding the provisions of Articles XIII and XIII 1/2 of this
commencement of a summary proceeding or other interim proceeding commenced
formal delinquency proceeding with respect to an SPRV, and any order issued by
thereunder, shall not prohibit:
(1) the payment by an SPRV made pursuant to an SPRV
security or SPRV contract; or
(2) the SPRV from taking any action required to make
(g) Notwithstanding any other provision of Articles XIII and XIII 1/2 of
this Code or
other State law:
(1) a receiver of a ceding insurer may not avoid a
non-fraudulent transfer by a ceding insurer to an SPRV of money or other property made pursuant to an SPRV contract; and
(2) a receiver of an SPRV may not void a
non-fraudulent transfer by the SPRV of money or other property made to a ceding insurer pursuant to an SPRV contract or made to or for the benefit of any holder of an SPRV security on account of the SPRV security.
(h) With the exception of the fulfillment of the obligations under an SPRV
and notwithstanding any other provisions of this Article or other law of this
State to the
contrary, the assets of an SPRV, including assets held in trust, may not be
or included in the estate of a ceding insurer in any delinquency proceeding
ceding insurer under this Article for any purpose, including, without
to creditors of the ceding insurer.
(i) Notwithstanding any other provision of this Article:
(1) A domiciliary receiver of an SPRV domiciled in
another state shall be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, and all of the books, accounts, and other records of the SPRV located in this State. The domiciliary receiver shall have the immediate right to recover all of the vested property, assets, and causes of action of the SPRV located in this State.
(2) An ancillary proceeding may not be commenced or
prosecuted in this State against an SPRV domiciled in another state.
(Source: P.A. 92-124, eff. 7-20-01.)